Justia Washington Supreme Court Opinion Summaries

In "Keller v. City of Spokane," (44 P.3d 845 (2002)), the Washington Supreme Court held that the duty to design and maintain reasonably safe roadways extended "to all persons, whether negligent or fault-free." This case presented an opportunity to clarify the relationship between questions of duty and legal causation in the context of a municipality's or utility's obligation to design and maintain reasonably safe roadways. In this case, the Court held that the reasoning of Keller equally supported a determination of legal causation. Therefore, if the jury finds the negligent placement of the utility pole too close to the roadway was a cause of plaintiff's injuries when defendant's car left the roadway and struck the pole then it was also a legal cause of plaintiff's injuries. View "Lowman v. Wilbur" on Justia Law

Chicago Title Insurance Company (CTIC) appointed Land Title Insurance Company as its agent for the purpose of soliciting and effectuating CTIC's insurance policies. Land Title violated the anti-inducement laws. The Supreme Court held that CTIC was responsible for Land Title's regulatory violations, pursuant to statutory and common-law theories of agency. "When the statute forbids the insurer or its agent from certain conduct, it means that the insurer may not do indirectly-through its agent-what it may not do directly." View "Chi. Title Ins. Co. v. Office of Ins. Comm'r" on Justia Law

The state Department of Social and Health Services found Petitioner Resa Raven neglected an elderly incapacitated person in her care. Petitioner challenged that finding, arguing that the evidence used against her could not be the basis of the Department's finding. The Supreme Court concluded that petitioner's good-faith determination that her ward opposed being placed in a nursing home could not serve as the basis for a neglect finding. Furthermore, the Court concluded that the evidence did not support the Department's determination that petitioner neglected her ward. View "Raven v. Dep't of Soc. & Health Servs." on Justia Law

At issue in this case was a dispute regarding one rural public hospital district's ability to provide services once it acquired a medical group that operated outside its boundaries (and within the boundaries of another's). The superior court granted a writ of prohibition against Skagit Valley to stop from operating within United General's boundaries. Skagit Valley challenged the superior court's decision to issue the writ. But finding that the trial court properly granted the writ of prohibition, the Supreme Court affirmed. View "Skagit County Pub. Hosp. Dist. No. 304 v. Skagit County Pub. Hosp. Dist. No. 1" on Justia Law

The trial court dismissed Appellant Richard Piel's suit against the City of Federal Way, finding that the existence of statutory remedies authorized under state law prevented him from establishing the "jeopardy prong" of his common law claim for wrongful termination. The Supreme Court took the opportunity of this case to better explain the jeopardy analysis and harmonize its recent decisions in "Cudney v. ALSCO, Inc." and "Korslund v. DynCorp Tri-Cities Services, Inc." with "Smith v. Bates Technical College." The "Smith" decision recognized that an employee protected by a collective bargaining agreement may bring a common law claim for wrongful termination based on the public policy provisions of RCW 41.56, notwithstanding administrative remedies available through the Public Employees Relations Commission. "Korsland" and "Cudney" did not alter "Smith's" holding. In this case, the Supreme Court reversed the lower court's dismissal and remanded this case for further proceedings. View "Piel v. City of Federal Way" on Justia Law

Applicants challenged a Department of Development and Environmental Services order declaring the use of the property at issue here was not compliant with King County zoning ordinances. The assertion was that the use was established before the ordinances were revised and characterized as non-conforming. The hearing examiner found for the landowner (and county) on all relevant issues, but the superior court reversed. The appellate court reversed the superior court, and the Supreme Court reversed the appellate court. The Supreme Court held that the landowner's use was not established within the meaning of the county code. View "King County Dep't of Dev. & Envtl. Servs. v. King County" on Justia Law

The issue before the Supreme Court in this case concerned the public disclosure of Seattle Housing Authority (SHA) grievance hearing decisions pursuant to the Public Records Act (PRA), chapter 42.56 RCW. SHA hearing decisions contain welfare recipients' personal information; this information is exempt from disclosure under the PRA, but the PRA requires redaction and disclosure of public records insofar as all exempt material can be removed. Applicable federal regulations do not exempt the hearing decisions from disclosure, nor do applicable federal regulations preempt the PRA. Thus, in this case, the Supreme Court concluded that the trial court properly ordered SHA to produce the grievance hearing decisions pursuant to the redaction requirement of the PRA, properly ordered SHA to produce the responsive records in electronic format and to establish necessary policies and procedures to ensure compliance with the PRA, and properly awarded statutory damages. The Court therefore affirmed the trial court and awarded respondent Resident Action Council (RAC) its attorney fees on appeal. View "Resident Action Council v. Seattle Hous. Auth." on Justia Law

During its investigation of Ameriquest Mortgage Company's lending practices, the Washington State Office of the Attorney General (AGO) obtained a number of e-mail messages from Ameriquest that Ameriquest employees had created while processing consumer loans. The AGO wanted to disclose redacted versions of a subset of these e-mails to Melissa A. Huelsman, an attorney who has requested the records in accordance with the Public Records Act (PRA). Ameriquest claimed that the Supreme Court decided in the first appeal of this case that the Gramm-Leach-Bliley Act of 1999 (GLBA), 15 U.S.C. secs. 6801-6809, and its accompanying regulations, prohibited the disclosure of any e-mails containing nonpublic personal information, even after redaction. Ameriquest also claimed that the e-mails were shielded by the PRA's investigative records exemption, and the Consumer Protection Act (CPA), which shields materials produced in response to a civil investigative demand (CID). Additionally, Ameriquest claimed it should be afforded the opportunity to conduct discovery into why the AGO is not invoking the investigative records exemption. The trial court held that the GLBA did not prevent disclosure, that the PRA exemption and CPA shield were inapplicable, and that Ameriquest did not get discovery. The Supreme Court reversed the trial court in part, holding that the GLBA prevented the AGO from newly redacting and disclosing those e-mails that contained nonpublic personal information, even when the redaction process removed all of the nonpublic personal information. The Court affirmed the trial court's holding that the PRA investigative records exemption and the CPA's shield did not apply and that Ameriquest did not get discovery. View "Ameriquest Mortg. Co. v. Office of Att'y Gen." on Justia Law

Less than one year after Mayor Cy Sun took office, Donald Thomson started a recall petition alleging numerous acts of misfeasance and malfeasance, and violation of the oath of office. The superior court found two charges adequate for submission to voters, namely, that Sun attempted to use the city police department as his own personal police force and that Sun's actions jeopardized the city's liability insurance coverage. Sun appealed the superior court order finding these charges sufficient. Also at issue was Thomson's cross appeal asking the court to reinstate several charges that the superior court found insufficient. Finding no error or abuse of discretion, the Supreme Court affirmed the trial court in all respects. View "In re Recall of Sun" on Justia Law

While employed as a physician at Quincy Valley Medical Center (QVMC), Gaston Cornu-Labat was the subject of several complaints that raised doubts as to his competency to practice medicine. QVMC conducted two investigations that ended after the charges against Dr. Cornu-Labat were not substantiated. Nevertheless, QVMC requested that Dr. Comu-Labat be psychologically evaluated and ended the doctor's employment when he failed to consult the recommended provider. Dr. Cornu-Labat filed a Public Records Act (PRA) request asking for records related to the hospital's investigations. QVMC claimed the documents were exempt from disclosure. The trial court granted summary judgment in favor of Dr. Cornu-Labat, holding none of the PRA exemptions invoked by QVMC applied. The court concluded that the records of a peer review committee that contained nonphysicians could not qualify for the exemption. Upon review, the Supreme Court determined that was error. The Court remanded because questions of material fact remained as to whether the records at issue were prepared for a regularly constituted peer review body. Further, questions remained as to whether any records were generated during a confidential meeting of agents of the QVMC board concerning Dr. Cornu-Labat's clinical or staff privileges. View "Cornu-Labat v. Hosp. Dist. No. 2 of Grant County" on Justia Law